Attorney Charles Learned Ala Medina's Legal Cases

Immigration

Immigration Judge Terminates Proceedings (Possession of Marijuana)

Sep 24, 2010

OUTCOME: IJ terminated proceedings.

Client, a green card holder, had a finger amputated after a work-related accident. Afterwards, he began to experience chronic pain and migraine. The doctor gave Client a prescription to use marijuana t ... o alleviate his pain. In 2010, Client traveled to Mexico. On his way back to the U.S., Customs and Border Patrol (CBP) found in his possession less than 4 grams of marijuana. Client showed his doctor’s prescription but CBP initiated removal proceedings against him anyway. Client hired us to represent him in his removal proceedings. During his first hearing, we were able to persuade the Court to terminate his proceedings after we argued that Client had not committed any immigration violation because his use of marijuana was authorized under both California and Federal laws. Client has retained his green card after only one hearing.

Immigration

I-130 & I-485 Approvals (Despite Conviction for Possession of Controlled Substance under HS 11350(a))

Sep 15, 2010

OUTCOME: USCIS approved the I-130 and I-485

Client had a previous I-485 adjustment of status application which USCIS denied due to abandonment. He had a conviction for possession of cocaine. There is no waiver of inadmissibility for this ty ... pe of conviction. We helped Client file a new I- 485. USCIS approved this application despite Client’s drug conviction because we successfully argued that his conviction falls under the Federal First Offender Rule. Hence, he does not have a conviction for purposes of immigration law.

Immigration

H-1B Extension Approved- Client Cleared Doubts of Violation of Status

Feb 01, 2010

OUTCOME: USCIS approved the H1B extension.

An alien applying for a change of status from one nonimmigrant status to another or for an extension of current nonimmigrant status must maintain lawful status. This means that an alien will be granted ... change or extension of status if he has not violated his previous nonimmigrant status. Client was in H-1B status under his previous employer. During this employment, Client went on a leave of absence for personal reasons. Client later found another employer. Client’s new employer hired us to file a new H-1B petition and extend Client’s existing H-1B status. There were concerns though that Client’s leave of absence might be construed as a violation of his previous H-1B status. We explained to USCIS that the leave of absence was permitted under the regulations, which allow H-1B workers to be in non-productive status under certain circumstances. USCIS approved Client’s extension of status.

Immigration

I-140 EB-3 Motion to Reopen Approval (After 3 Previous Denials Under Prior Attorney)

Dec 08, 2009

OUTCOME: I-140 EB-3 Motion to Reopen Approval.

Client had another attorney representing him in his I-140 Employment Petition. Client was the beneficiary of this I-140. In 2009, USCIS denied the I-140 due to his prior attorney’s failure to respo ... nd to USCIS’s request for evidence. The attorney filed an appeal. USCIS denied the appeal. The attorney then filed a motion to reopen. Again, USCIS denied the motion to reopen. After 3 denials by USCIS, Client came to us for help. We filed a second motion to reopen and explained the merits of the I-140 and the exceptional circumstances in the case. USCIS reopened the I-140 and the related I-485 adjustment of status application. Client, his wife and his son now have their green cards after 20 years of living in the U.S. in undocumented status.

Immigration

I-360 VAWA for Battered Spouse and I-485 Approvals (Male Applicant)

Jul 22, 2009

OUTCOME: USCIS approved the I-360 VAWA.

Client had a pending I-485 adjustment of status application but his wife had been abusing him. He hired us to file an I-360 battered-spouse petition for him. While his battered-spouse petition was ... pending, we found out that USCIS had already initiated removal proceedings against him and his 2 children. We were able to obtain the approval of Client’s I-360 battered-spouse petition because we extensively documented the abuse he had suffered through his affidavit and those of his witnesses. There was no physical abuse in this case. However, Client had suffered emotional abuse and extreme cruelty. We were also able to terminate his removal proceedings. Client and his children now have their green cards.

Immigration

N-400 Approved After Client Proved She Did Not Abandon Residence

May 27, 2009

OUTCOME: USCIS approved the N-400.

An alien applying for naturalization must establish, among other things, that he has continuously resided in the U.S. as a lawful permanent resident (LPR) generally for a period of 5 years. Absence fro ... m the U.S. for certain periods of time or certain reasons might be deemed as abandonment of one’s residence. Client filed an N-400 application. During the 5-year period prior to her application, Client stayed for a few months in China to enroll in a test preparation course. She was also going through a divorce at that time. She gave up her apartment in the U.S. At the interview, the USCIS officer issued a request for evidence (RFE) because she wanted to find out whether Client had abandoned her residence. Client hired our services to help her respond the RFE. We presented documents showing that Client had the intention of returning to the U.S. after her trip to China. We also explained the purpose of her trip to China and how such purpose was consistent with her intent to return to the U.S. USCIS approved the N-400 application. Client is now a U.S. Citizen.

Immigration

I-140 EB-1A Extraordinary Ability Petition and I-485 Approvals

Jan 12, 2009

OUTCOME: USCIS approved the I-140 EB-1A and I-485.

Client is a highly acclaimed artist in his country. We filed an I-140 EB-1 Petition for him under the category for aliens of extraordinary ability. Extraordinary ability means a level of expertise indi ... cating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. To qualify under this every restrictive category, the alien must submit evidence of a one-time major achievement or at least three types of evidence under various criteria. Without a doubt, Client belongs to the very top of his field. However, he has never received any major international award. He had national awards but he had never won the top prize. Moreover, in his field, there were no standardized rankings that would assist USCIS in evaluating Client’s accomplishments. Despite these limitations, we were able to persuade USCIS that Client had extraordinary ability by emphasizing his strengths in original contributions to his field, publications, and exhibitions of his work. We showed his unparalleled achievements through extensive documentation. Client now has a green card.

Immigration

I-601 Waiver Approval on Appeal (After 3 Previous Denials)

Jan 09, 2009

OUTCOME: USCIS approved the I-601.

Client, a U.S. Citizen, filed an I-130 Petition for his wife, a Polish national. USCIS approved the I-130. However, the U.S. Consulate in Vienna, Austria required the wife to file an I-601 waiver due t ... o her previous unlawful presence in the U.S. Client filed an I-601 without the assistance of an attorney. USCIS denied the I-601. Client filed a second I-601 with more evidence but still without the assistance of an attorney. Again, USCIS denied the I-601. After 2 denials, Client came to us for help. We filed a third I-601 with more documents and a detailed explanation of Client’s extreme hardship. USCIS once again denied the I-601. We promptly filed an appeal. One month later, USCIS reconsidered its decision and approved the I-601. The wife got her immigrant visa. At that time, the normal processing time for this type of appeal was about 2 years. It only took one month to resolve this appeal.

Immigration

I-526 EB-5 Investor and I-485 Approvals

Jan 07, 2009

OUTCOME: USCIS approved the I-526 and I-485.

Client, a Korean national, was in the U.S. on a tourist visa. Before the end of his stay, he had decided that he wanted to run a business in the U.S. We helped him change his status into an E-2 inv ... estor. He invested in the restaurant business. However, he also wanted a green card. We helped him obtain an immigrant petition under the EB-5 investment visa. This time, he invested in a golf course. We successfully showed that the funds he had invested were from legitimate sources and that he would be running the business. USCIS approved the EB-5 petition. Client later filed his I-485 adjustment of status application. Client and his wife now have their green cards.

Immigration

I-601 Waiver Approval (After a Request for Evidence)

Oct 01, 2008

OUTCOME: USCIS approved the I-601.

Client, a U.S. Citizen, filed an I-130 Petition for her husband. USCIS approved the I-130. However, the U.S. Consulate in Ciudad Juarez, Mexico required Client to submit an I-601 waiver due to his prev ... ious unlawful presence in the U.S. Client filed an I-601 without the assistance of an attorney. USCIS requested for more evidence from Client. Client came to us for help in responding to USCIS. We submitted more documents and a detailed explanation of Client’s extreme hardship. USCIS approved the I-601 based on the extreme hardship on his U.S. Citizen wife. Unlawful presence in the U.S. for at least one year prohibits an alien from returning to the U.S. for a period of 10 years. Due to husband’s approved I-601, he was able return to the U.S. after staying in Mexico for only a few months.

Charles Learned Ala Medina's Legal Cases (62)

Immigration Judge Terminates Proceedings (Possession of Marijuana)

I-130 & I-485 Approvals (Despite Conviction for Possession of Controlled Substance under HS 11350(a))

H-1B Extension Approved- Client Cleared Doubts of Violation of Status

I-140 EB-3 Motion to Reopen Approval (After 3 Previous Denials Under Prior Attorney)

I-360 VAWA for Battered Spouse and I-485 Approvals (Male Applicant)

N-400 Approved After Client Proved She Did Not Abandon Residence

I-140 EB-1A Extraordinary Ability Petition and I-485 Approvals

I-601 Waiver Approval on Appeal (After 3 Previous Denials)

I-526 EB-5 Investor and I-485 Approvals

I-601 Waiver Approval (After a Request for Evidence)